Anthony Smith v. 6003 DE LLC et al
| Anthony Smith |
| DOES 1-10 and 6003 DE LLC |
| 2:2020cv01880 |
| February 26, 2020 |
| US District Court for the Central District of California |
| John E McDermott |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 24
ORDER that the Scheduling Conference is set for 7/27/ 2020 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 23
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 13, 2020, Plaintiff requested entry of default, which the clerk subsequently entered. (ECF Nos. 17, 18.) On April 15, Defendant filed an Answer to theComplaint. (ECF No. 20.) As the Court indicated in its Order to Show Cause, [i]n the event both documents are filed [no later than April 15, 2020], the answer will take precedence. (Order to Show Cause.) Accordingly, the Court VACATES the default entered against Defendant and accepts Defendants Answer. (lc)
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| Filing 22 NOTICE of Interested Parties filed by Defendant 6003 DE LLC, identifying Anthony Smith; 6003 DE LLC, a Delaware Limited Liability Company. (Carroll, Brook) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:6003 DE LLC Answer to Complaint (Attorney Civil Case Opening) #20 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Answer filed after default of 4/13/20 docket no. 18, but within OSC date of 4/15/20 docket no. 16. Clerk unable to determine if leave of court required since new OSC issued 4/4/20 re filing of motion for default judgment was issued.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 20 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant 6003 DE LLC.(Attorney Brook J Carroll added to party 6003 DE LLC(pty:dft))(Carroll, Brook) |
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff(s) is ordered to show cause in writing no later than May 14, 2020 why this action should not bedismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's filing of a noticed motion for entry of default judgment for the defendant. No oral argument on this Order to Show Cause will be heard unless ordered by the Court. The Order will stand submitted upon the filing ofthe response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
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| Filing 18 (VACATED PER 4/16/20 MINUTES DOCKET NO. 23) DEFAULT BY CLERK F.R.Civ.P.55(a) as to 6003 DE LLC (lc) Modified on 4/16/2020 (lc). |
| Filing 17 First REQUEST for Clerk to Enter Default against Defendant 6003 DE LLC filed by plaintiff Anthony Smith. (Attachments: #1 Declaration, #2 Exhibit) (Hakimi, Anoush) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff(s) is ordered to show cause in writing no later than April 15, 2020 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's request for entry of default as to the defendant. In the event both documents are filed before the above date, the answer will take precedence.Answer by the defendant(s). No oral argument on this Order to Show Cause will be heard unless ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc) Modified on 4/13/2020 (lc).
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| Filing 15 PROOF OF SERVICE Executed by Plaintiff Anthony Smith, upon Defendant Service of the Summons and Complaint were executed upon Song Ho Sea - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Shahriari, Peter) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Anthony Smith, upon Defendant 6003 DE LLC served on 3/9/2020, answer due 3/30/2020. Service of the Summons and Complaint were executed upon Laurette Chapman - Secretary, Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Shahriari, Peter) |
| Filing 13 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: The Court has reviewed the Response filed by Plaintiff and Plaintiffs counsel to the Courts Order to Show Cause. The Court, in its discretion, declines to exercise supplemental jurisdiction over Plaintiffs Unruh Act claim. The Court therefore dismisses that claim without prejudice (lc) Modified on 3/23/2020. (lc). |
| Filing 12 RESPONSE filed by Plaintiff Anthony Smithto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #11 (Attachments: #1 Declaration of Peter Shahriari, #2 Declaration of Anthony Smith)(Shahriari, Peter) |
| Filing 11 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II. The Court ORDERS Plaintiff to SHOW CAUSE in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim asserted in the Complaint. Plaintiff shall file a Response to this Order to Show Cause by no later than March 16, 2020. (iv) |
| Filing 10 Notice to Parties: ADA Disability Access Litigation. (lc) |
| Filing 9 Notice to Parties: ADA Disability Access Litigation. (lc) |
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Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant 6003 DE LLC. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge John E. McDermott. (lh) |
| Filing 4 CERTIFICATE of Interested Parties filed by plaintiff Anthony Smith, (Shahriari, Peter) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Anthony Smith. (Shahriari, Peter) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Anthony Smith. (Shahriari, Peter) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25523578 - Fee: $400, filed by plaintiff Anthony Smith. (Attorney Peter Shahriari added to party Anthony Smith(pty:pla))(Shahriari, Peter) |
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